murderer of the same name sat behind bars awaiting his sentence. you were ready to spend the rest of your life in prison? absolutely not. reporter: tom foley s attorney and his private eye, the guilty verdict landed like a crushing blow. this was a grass root who done it. we thought we had shown it wasn t this person who had done it. i was devastated. when this ended, i could have walked into a wall. reporter: just one day after tom foley s conviction, a woman stepped forward. she had new information that suddenly gave new life to tom s defense. she came forward and said, i saw this white car storming out of the driveway. almost hit me. it looked like somebody was either high or running away from something. reporter: the woman was certain the driver was coming out of the heath bar farm right around the time dar was murdered. she was equally certain the
i would say probably 75%, 80% of the time she did. reporter: she was the breadwinner? yes. reporter: you stayed home and took care of your son? i did. reporter: heath was their only child and the center of their lives. we loved being together. we were always together. reporter: so the three foleys lived on the outskirts of cold water, in an old farmhouse they called the heath bar farm. a picture perfect family. until that winter day back in 2009. what was the last thing you said to her? i said, i love you. and i will see you later. reporter: on that day the foleys were preparing to celebrate heath s 10th birthday at a friend s house down the road. dar needed to shower. so tom, heath and a friend left without her. the plan was for dar to follow in her own car and meet them at the party later that afternoon. but dar never arrived. that gave you some sort of sixth
he decided to interview the other foley who was at the farm the day dar was killed. tom and dar s son heath. on that day, heath and his friend were in the house playing video games waiting to be driven to heath s birthday celebration. did you see anything different or out of the ordinary or anybody walking around, anybody come up to the door? anything that you could think of? no. reporter: the detective interviews skylar who said right before leaving for the party, tom sent the two boys outside to go start up the truck. he said he will be out there in a little bit. i don t know what he was doing in there, taking a shower or what. reporter: like heath, he couldn t recall anything unusual about that day either. and then suddenly when we were outside running across the barns, there was big
sa same elementary school. he told me that he was thinking about leaving her. reporter: tom also revealed he had feelings for her. later, he tried to kiss her. what was your reaction to that? i didn t want anything to do with it. reporter: the prosecution wasn t done. this woman took the stand. state your full name for the record and spell your last name. reporter: out of the presence of the jury, marion told the court that like carrie, she met tom through dar. a couple of weeks after dar s murder, she stopped by the farm to offer tom support. i don t mean to embarrass you. you had sex with tom in his living room? he tried to. it was stopped. who tried and who stopped?
reporter: she showed the home phone records from around the time dar was killed. there were no phone calls that came in or left. reporter: your wife doesn t show up somewhere, why not call home and say, have you left yet, we re waiting for you? that s what i would do. reporter: according to the detective, tom didn t bother calling dar at home because he knew dar was already dead. then members of dar s family stepped forward to testify that tom and dar s marriage was troubled and that tom wanted out. he told me that his wife is very controlling and that it was wearing on him and he did not necessarily want to stay in the marriage anymore. reporter: there was more evidence of an unhappy marriage. according to this woman, back in 2006, tom had a wandering eye. state your full name for the record and spell your last. reporter: she taught at the